Apex Colors Inc v. Chemworld International Limited, Inc. et al

Filing 408

OPINION AND ORDER GRANTING 400 MOTION for Leave to File Third Party Complaint against Jim Boggess and Eric Boggess filed by Paul Bykowski. Bykowski to file the Third-Party Complaint on or before 9/29/16. Signed by Magistrate Judge Paul R Cherry on 9/26/16. (mlc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
APEX COLORS, INC.,
Plaintiff,

)
)
)
v.
)
)
CHEMWORLD INTERNATIONAL LTD., )
INC., et al.,
)
Defendants,
)
___________________________________ )
APEX COLORS, INC.,
)
Plaintiff,
)
)
v.
)
)
PAUL BYKOWSKI,
)
Defendant.
)

Case No. 2:14-CV-273-PRC

OPINION AND ORDER
This matter is before the Court on Paul Bykowski’s Motion for Leave to File Third Party
Complaint Against Jim Boggess and Eric Boggess [DE 400], filed on September 18, 2016. Plaintiff
does not object as long as there is sufficient time to complete responsive briefing and discovery. By
separate order, the Court is extending the discovery deadline to March 31, 2017.
On September 13, 2016, Plaintiff filed a Second Amended Consolidated Complaint,
identifying certain property allegedly misappropriated by Bykowski from Plaintiff upon the
dissolution of Finos, LLC. On March 16, 2015, Bykowski deposed Christopher Molnar. Based on
Molnar’s testimony, it appears that some of that property is in the possession of Jim Boggess and
Eric Boggess. Bykowski also asserts that Jim and Eric Boggess conspired to destroy the business
of Finos and make Bykowski the scapegoat.
Federal Rule of Civil Procedure 14 provides, “A defending party may, as third-party
1

plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part
of the claim against it.” Fed. R. Civ. P. 14(a)(1). In the instant motion, Bykowski seeks leave of
Court to file a Third-Party Complaint asserting claims against Jim Boggess and Eric Boggess
because, in the event a jury concludes that Bykowski is liable for damages for theft,
misappropriation, or other possession of Plaintiff’s property, Jim and Eric Boggess are or may be
liable to Bykowski.
On review of the instant motion and noting the lack of objection, the Court hereby GRANTS
Paul Bykowski’s Motion for Leave to File Third Party Complaint Against Jim Boggess and Eric
Boggess [DE 400] and ORDERS Bykowski to FILE the Third-Party Complaint on or before
September 29, 2016.
SO ORDERED this 26th day of September, 2016.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT

2